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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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A few years ago I went to court and was handed a permanent

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A few years ago I went to court and was handed a permanent restraining order. At the time I didn't know I could appeal because my lawyer hadn't mentioned anything. The hearing had however had so many elements of bias, and on the part of the judge, that a few years later I decided to order the transcript. I pinpointed four or five standout examples of judicial bias from the transcript, and decided to share them with lawyers here online. The lawyers agreed that there was unethical dealings here, and that I should contact the judicial review committee right away. Meanwhile I talked as well with a local lawyer who specializes in post-conviction relief and he told me that I could file a "motion to vacate judgment" with the district court. As my higher priority is to get free from the restraining order and not get a county judge disbarred or in the newspapers, I decided first to submit my written report to the district court, not the review committee. Obviously if my motion is denied...then nothing happens. My question is however in regards XXXXX XXXXX motion is granted...what might happen then? Will the plaintiff be notified of the motion? I doubt very much the plaintiff would want a re-hearing, but, is that possible? How does this all work? Again, this is not an appeal, it is a motion to vacate sentence. Yes these type of motions are rare (so rare that some lawyers don't even know about them apparently), yet sometimes they are granted.
Submitted: 1 year ago.
Category: Family Law
Expert:  Jack R. replied 1 year ago.

Thank you for choosing Just Answer.

 

Your motion to Vacate Judgment must be served on the opposing party. That party will have an opportunity to object to your motion. The court based on reviewing your motion will set a date for a hearing on the motion or determine a hearing is not needed and rule on the motion. if there is an objection a hearing is likely.

 

If your motion is written like an appeal e.g. critical of the original decision it is probable it will be denied or the court will hold a hearing. If your motion is written to explain why it should be presently be lifted I believe you odds are better. It will depend on the judge and the jurisdiction. In my experience judges are very hesitant to lift a restraining order without good reason even if the protected party does not have an objection.

 

If the motion is granted notification will be sent to the other party by the court. You will need to keep a copy of the order with you just in case you are ever stopped. Law Enforcement will not have access to the order other than what you provide to them should the protected party complain that you violated a restraining order.

 

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You !

 

 

Customer: replied 1 year ago.


You say the opposing party will have opportunity to object...does this mean the plaintiff will be informed, in a general way, of the motion, or does it mean the plaintiff will have opportunity to actually read the motion itself and contest particular points?


 


Also...you say that if my motion is granted and then afterward I get pulled over, that I should have a copy of the motion on hand...does this mean that the restraining order is still on my record with the police? Can I get it expunged?

Expert:  Jack R. replied 1 year ago.

Then Plaintiff must receive the full motion. If the court did not serve the Plaintiff with the motion then it was your responsibility to have the motion served on the Plaintiff. All communications with court on a legal matter must be available to all parties of the action. Failing to serve the opposing party is the basis for an immediate denial.

 

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You !

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi again. I had sent out the motion to the court just a few days ago. Also keep in mind that i have a permanent restraining order and so I can't contact the plaintiff directly. Seeing how it has only been a few days...would i be able to mail to the court copies of the motion to have them mail to the plaintiff, or...should maybe I instead (or in addition) contact a lawyer and have him mail the motion to the plaintiff herself. I feel at this point I have to do something because I had not served the plaintiff with the motion.

Expert:  Jack R. replied 1 year ago.

From the Colorado Rules of Civil procedure:

 

Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action;

 

Personal service shall be as follows:

  • Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person's usual place of abode, with any person over the age of eighteen years who is a member of the person's family, or at the person's usual place of business, with the person's secretary, bookkeeper, manager, or chief clerk; or by delivering a copy to an agent authorized by appointment or by law to receive service of process;
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi again. Thank you for this information. Right now i need to get the motion out to the Plaintiff ASAP, however I have that restraining order. My lawyer is unavailable apparently at the preent time and other lawyers whom I have contacted have not contacted me back; meanwhile I am reluctant to have a family member send it out for me. I was thinking of contacting the court in question explaining my predicament to see what they might suggest but first I figured that I would ask Justanswer. It says in the rule that a "sheriff" or "deputy" may hand the motion to the other party...might I then be able to have the police hand my motion over to the plaintiff if I requested it, or some other civil figure hand it over? Right now I am thinking that I will just mail the motion in to the court, explain that I can't mail it myself and hope that they just get it to her themselves. Is this a reasonable expectation?

Expert:  Jack R. replied 1 year ago.

You may be able to hire a process server. You can also check with the court to see if they have a recommended means to serve the motion.

 

 

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and other Family Law Specialists are ready to help you

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